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CITY COUNCIL 04/16/2012 THE CITY OF LAKE FOREST CITY COUNCIL AGENDA Monday, April 16, 2012 7:30 p.m. City Hall Council Chambers CALL TO ORDER AND ROLL CALL Honorable James J. Cowhey, Jr., Mayor Kent Novit, Alderman First Ward Thomas Morsch, Jr., Alderman Third Ward Catherine Waldeck, Alderman First Ward Donald Schoenheider, Alderman Third Ward David Moore, Alderman Second Ward Robert Palmer, Alderman Fourth Ward George Pandaleon, Alderman Second Ward Michael Adelman, Alderman Fourth Ward PLEDGE OF ALLEGIANCE REPORTS OF CITY OFFICERS 7:30 p.m. 1. Comments by Mayor A. Presentation of Mayor’s Award for Young Artist Enrichment Program Presented by Deerpath Art League Director Vicki Marasco B. Resolution of Appreciation for George Carpenter for 24 Years of Service Copy of Resolution beginning on page 11 RECOMMENDED ACTION: Approve Resolution as presented C. Proclamation of April 27, 2012 as ARBOR DAY Copy of Proclamation beginning on page 12 RECOMMENDED ACTION: Approve Proclamation as presented 2. Comments by City Manager 8:00 p.m. 3. Comments by Council Members 8:10 p.m. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS ITEMS FOR OMNIBUS VOTE CONSIDERATION 8:15 p.m. 1 April 16, 2012 Agenda A. Award of contract for Tanglewood Ct and end of Basswood Rd Watermain Replacement Project PRESENTED BY RAMESH KANAPAREDDY, P.E., CFM, CITY SURVEYOR & ENGINEER PURPOSE AND ACTION REQUESTED: Staff requests awarding the contract for the Tanglewood Ct and end of Basswood Rd Watermain Replacement Project to RJ Underground Inc. BACKGROUND/DISCUSSION: The project involves replacing existing aged watermains located under Tanglewood Ct and at the end of Basswood Rd. The Tanglewood Ct watermain project limits are from Conway Rd to the north end. The Basswood Rd watermain is located between the cul-de-sac of Basswood Rd and Onwentsia Rd to the north thru the side yards. The existing watermain is located next to a pedestrian pathway located in the side yards between Basswood Rd cul-de-sac and the Onwentsia Rd. The existing undersized 6” cast iron watermain, at both locations, will be replaced with the City standard 8" ductile iron pipe watermain. Each year, as part of Capital Improvement Program budget, staff evaluates the condition of existing watermain infrastructure in terms of age, capacity, watermain breaks, and other capital improvement projects scheduled on that street. Based on these factors staff developed an annual Watermain Replacement Program schedule to maintain City’s water distribution system at an optimum functional level. The watermain replacement programs was discussed and approved at the November 21, 2011 Capital Improvements Plan budget meeting. Most of the Tanglewood Ct and end of Basswood Rd watermain installation will be augured thereby creating a less disruptive construction area. The auguring of the watermain was necessitated, over open excavation trench, due to various utility conflicts, the proximity of new watermain to the matured trees, and to avoid disturbing side yard areas of residential properties. Upon installation of the new watermain, the watermain will be tested and chlorinated per IEPA regulated standards. If the test results are satisfied, then the contractor will commence connecting existing water service (that runs from home to the watermain) to the new watermain. Most of this water service reconnection work will involve excavation due to the disconnection of old service from existing watermain to reconnection of service to the new watermain. Typically, the size of an existing water service can range from ¾-in to 2-in. The contract management, including preparation of plan bids and specifications including performing field survey and design was prepared by in-house Engineering staff thereby allocating the design saving costs to other CIP projects. The Engineering staff will provide daily inspectional services oversight to minimize any potential complaints from residents. BUDGET/FISCAL IMPACT: Bids for the Tanglewood Ct and end of Basswood Watermain Replacement Project were received and opened on March 30, 2012. City received a total of three (3) bids. The primary reason for receiving only three (3) bids could be that most of the project involves auguring the watermain (no open excavation) and not all general contractors own this specialized equipment. In addition, the length of watermain 2 April 16, 2012 Agenda at both these streets is relatively less for general contractors to bid. If the length of the watermain to be augured was higher, the general contractors typically subcontract the auguring portion of the work. It is staff’s opinion that the bids received were competitive, compared to past years, thereby providing considerable savings to the City. The following is a summary of the bids received: BIDDER BID AMOUNT RJ Underground Inc $ 304,101.50 RA Mancini, Inc. $ 319,175.00 Berger Excavating $ 320,360.00 Engineer’s Estimate $ 363,410.00 The low bidder, RJ Underground Inc. has previously worked in Lake Forest and their work has been satisfactory. City staff also checked the past performance of RJ Underground Inc. on projects of similar size and scope and determined that their performance was acceptable. Based on references provided, RJ Underground Inc. has been a successful contractor working for Village of Palatine and for Kenosha Water Utility. In addition, RJ Underground Inc. has installed watermains, working as sub-contractors, at Woodland Academy and at Bowling Green. Both these projects involved auguring the watermains and were inspected by City Engineering staff. Both projects were completed on time and the work was satisfactory to the staff and the general contractors. Below is a summary of Project budget: FY2013 Funding Source Account Budget Amount Requested (incl. 5% contin.) Budgeted? Y/N Water and Sewer Fund $ 375,000.00 $ 319,306.58 Y If awarded the project would commence in mid-May and be completed within 90 days of start of construction. The homeowners, residing within the limits of Tanglewood Ct and end of Basswood Rd Watermain Replacement Project, and others homeowners in the vicinity of the construction project have been notified in early spring about this summer project. Upon confirming the start date of the project another letter will be sent to above mentioned residents two weeks prior to start of construction. The City website, under Construction Updates, will also provide details on the construction schedule. RECOMMENDED ACTION: Staff recommends awarding the contract for the Tanglewood Ct and end of Basswood Rd Watermain Replacement Project to RJ Underground Inc. in the amount of $319,306.58 to include authorization to expend, if necessary, an additional amount not to exceed 5% of the contract award for unforeseen change orders that may occur during the administration of this project. 3 April 16, 2012 Agenda B. Consideration of an Ordinance Adopting New Fees Related To Development Activity for Incorporation into the Supplemental Fee Schedule for the City Of Lake Forest PRESENTED BY PAUL PETERSEN, CODE ENFORCEMENT OFFICER, COMMUNITY DEVELOPMENT DEPARTMENT PURPOSE AND ACTION REQUESTED: The City Council previously reviewed changes to the City’s Fee Schedule as part of the budget process. The Ordinance, included in the Council packet beginning on page13, formally establishes some new fees related to development activity. Each year, Community Development staff reviews the services provided and identifies any activities or services that are not currently covered by user fees. The fees proposed are not expected to generate a significant amount of revenue, but are intended to cover some minor services that the department provides for which fees are not currently charged. BACKGROUND AND DISCUSSION: A background memorandum previously provided to the Council on this item is included in the Council packet for further information. BUDGET/FISCAL IMPACT: The proposed new fees are expected to generate only a small amount of revenue, but are intended to cover the cost of providing the services. RECOMMENDED ACTION: Waive first reading and grant final approval of an Ordinance establishing new development related fees. C. Consideration of an Ordinance approving a Fee Schedule for The City of Lake Forest relating to an increase in water rates PRESENTED BY DIANE HALL, ASSISTANT FINANCE DIRECTOR BACKGROUND: First reading of an Ordinance was approved at the April 2nd City Council meeting following discussion at the March 19 Finance Committee Budget meeting. It is recommended to increase water rates for customers inside the City to $4.99/1000 gallons and $6.85/1000 gallons for water customers outside of the City. This recommendation is a 1.5% increase, which is based on the CPI. This will allow proper funding of the FY13 water fund budget. A Copy of Ordinance beginning on page 19. RECOMMENDED ACTION: Grant second reading and final approval of an Ordinance approving a fee schedule increasing water rates. 4 April 16, 2012 Agenda D. Approval of Resolution required for Bank Purposes Lake Forest Bank and Trust Company requires the attached resolution to be approved by the City Council. The revised resolution is due to staff changes in the Finance Department. A copy of the resolution is attached on page 22. E. Award of contract for the development of the Phase I Restoration Management Plan for the Lake Forest Cemetery Ravine to Conservation Design Forum PRESENTED BY DAN MARTIN, SUPERINTENDENT OF PUBLIC WORKS PURPOSE AND ACTION REQUESTED: Staff is requesting award of the proposal for professional ecological and engineering services for the development of the Phase I Restoration Management Plan (RMP) for the Lake Forest Cemetery Ravine to Conservation Design Forum (CDF). Key components of the plan include: review of the site conditions, conduct floristic quality inventory and assessment, site survey, develop ecological restoration strategies to address site hydrology and erosion issues, and assist Cemetery staff with grant applications to maximize the potential for funding. The proposed restoration scope of work consists of the northwest ravine branch, adjacent to the St. Mary’s Cemetery and the main ravine branch, which runs between the land bridge in Section E and Lake Michigan, encompassing approximately 1,700 linear feet. The south ravine branch, adjacent to the Cemetery Gatehouse was restored in 2003 and is not part of the scope of work. Currently, the ravine system is facing significant bluff erosion from failing stormwater inlets, deteriorated concrete basins, and extensive over growth of invasive plant species. The primary reason to develop a RMP is to provide the necessary documentation to increase The City’s potential to receive grant funding for restoration work. The complete ravine restoration is estimated to cost $1.2 million. Since 2007, a placeholder of $200,000 has been in the Cemetery Capital Budget for a grant match in the event the Cemetery was awarded a grant. Over the years, especially after the financial crisis of 2008, available grant funding has significantly been reduced making the application process highly competitive. As a result, grant managers responsible for selecting the most qualified applicants are seeking candidates that provide more comprehensive ecological and engineered solutions that include project cost breakdown estimates. The proposed Ravine Restoration Plan by CDF would address these requirements to show that the Cemetery plan is “shovel ready”. In addition, as part of the proposal, CDF will assist staff with reviewing grant requirements, previous grant applications and rejection letters, will attend meetings with grant agencies to identify their priorities and selection criteria, and will provide materials including technical narratives, the RMP, and any necessary exhibits. If the Cemetery is unsuccessful in obtaining grant funding over the next several years, staff could then use the RMP to address the ravine restoration in phases using Cemetery funds. At its October 15, 2011 meeting, the Cemetery Commission authorized staff to hire a professional ecological and engineering service firm for the development of the Phase I 5 April 16, 2012 Agenda Restoration Management Plan (RMP) for the Lake Forest Cemetery Ravine for a not-to- exceed amount of $50,000. BACKGROUND/DISCUSSION: In 2003, Lake Forest Cemetery was awarded a $382,560 grant from the National Oceanic and Atmospheric Administration (this was part of the Great Lakes Coastal Restoration Grant Program, administered by the Illinois Department of Natural Resources) to perform ravine restoration and stormwater management to the south branch ravine, adjacent to the Cemetery Gatehouse. BUDGET/FISCAL IMPACT: Requests for Qualifications (RFQ’s) were sent to ten firms with extensive knowledge and experience in designing ecological restoration and stormwater management projects. On February 15,, 2012, seven responses were received. Three of the seven firms were interviewed by Cemetery, Engineering, Public Works and Parks & Forestry staff. Conservation Design Forum of Elmhurst, Illinois was selected by the interview team. CDF has an 18-year history of successful environmental management and restoration projects of all sizes. The firm is capable of designing the Phase I Restoration Management Plan with its own staff of ecologists, landscape architects and civil engineer/hydrologist. CDF has extensive experience both nationally and locally with design restoration work. Most notably, CDF prepared the Fort Sheridan Lakefront Preserve Action Plan for Chicago Openlands, which needed to address the same range of issues facing the restoration of the Cemetery’s historic ravine systems. In addition, CDF was commissioned in 2002 by the Lake Forest Cemetery Commission to develop a Master Plan to embody the design philosophy of O.C. Simonds. PROJECT BUDGET: FY2012 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Cemetery C.I.P. $50,000 $49,955 Yes RECOMMENDED ACTION: Award the contract for the development of the Phase I Restoration Management Plan for the Lake Forest Cemetery Ravine to Conservation Design Forum for the sum of $49,955. F. Approval of Landfill Disposal Fees for FY2013 PRESENTED BY MICHAEL THOMAS, DIRECTOR OF PUBLIC WORKS PURPOSE AND ACTION REQUESTED: Per the City’s Purchasing Directive, staff must receive City Council approval for purchases over $20,000. There are two landfills in Lake County at which refuse collected during residential routes and at the Compost Center is disposed of. Every year, staff receives an updated disposal price per ton from each of these landfills. Refuse is then taken to the landfill that provides the least expensive price per ton for the duration of the fiscal year. 6 April 16, 2012 Agenda Therefore, staff is requesting official City Council approval to utilize the least expensive landfill and bring the City’s solid waste to Veolia Environmental during FY2013. BACKGROUND/DISCUSSION: The City’s Sanitation Section collects approximately 7,200 tons of refuse each year. The Veolia Environmental landfill is located in Zion and Waste Management in Grayslake. At the beginning of each year, staff requests an updated refuse disposal price per ton from each company. For the past seven years, Veolia Environmental has been significantly less expensive than Waste Management. By using Veolia Environmental, the City has saved approximately $40,000 - $50,000 each year. Staff received the following quotes for solid waste disposal in FY2013: Veolia Environmental Waste Management Price Per Ton $45.70 $52.35 Environmental Tax $1.82 $1.40 Fuel Surcharge $3.46 $3.92 Total Per Ton $50.98 $57.67 BUDGET/FISCAL IMPACT: By continuing to use Veolia Environmental, staff estimates that the City will save approximately $48,000 in disposal fees during F.Y. 2013 as compared to disposing of the waste via Waste Management’s landfill. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 101-5241-432-42-10 $417,000 $417,000 Y RECOMMENDED ACTION: Based on the lowest price per ton, staff recommends that the City utilize Veolia Environmental for solid waste disposal during FY2013. G. Consideration and approval of an Ordinance regarding the City's policies and procedures for disposing City assets. Copy of Ordinance beginning on page 23. RECOMMENDED ACTION: Waive first reading and grant final approval H. Approval of a Resolution Reallocating 2012 Volume Cap to The Village Of Buffalo Grove, Illinois This is the seventh year under home rule status that the City has been allocated volume cap. This equates to $95.00 per resident of the City, or $1,840,625.00 for the issuance of tax exempt private activity bonds. The City may, prior to May 1, 2012, reallocate to other home rule units of government its volume cap. The City has not used any of the 2012 volume cap. The Lake County Partnership for Economic Development, Inc. has offered Lake County home rule communities the opportunity to participate in a program to combine their respective volume 7 April 16, 2012 Agenda cap allocations and create a Private Activity Bond Clearinghouse Pool to facilitate the issuance of tax-exempt private activity bonds to finance industrial, manufacturing, and commercial projects in Lake County, Illinois, for economic development purposes. The Village of Buffalo Grove agreed to host the Pool, to reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by other home rule units of government. Buffalo Grove has requested, as this was approved by the City Council for the sixth time last year, that the City reallocate $1,840,625.00 of its 2012 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance eligible projects. Copy of Resolution beginning on page 25. Recommended Action: Approval of the resolution reallocating 2011 volume cap to the Village of Buffalo Grove, Illinois. I. Resolution of Appreciation for Louis Bischoffer for 20 Years of Service J. Resolution of Appreciation for James Barker for 23 Years of Service K. Resolution of Appreciation for Mark Wiegold for 20 Years of Service Copy of Resolutions beginning on page 27 L. Approval of the April 2, 2012 City Council meeting minutes Copy of April 2, 2012 minutes beginning on page 30. RECOMMENDED ACTION: Approve omnibus items as presented. ORDINANCES 8:30 p.m. 1. Consideration of an Ordinance Amending the City Code relating to Video Gaming Terminals (Second Reading and Final Approval) PRESENTED BY ROBERT KIELY, CITY MANAGER In 2009, the State Legislature amended the Video Gaming Act to allow the use of video gaming terminals in certain establishments throughout the State. The Act also provides that a municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality. Currently Chapter 47 of the City Code prohibits gambling. If the City Council determines that it is in the best interests of the City and its residents to continue to prohibit gambling including the 8 April 16, 2012 Agenda use and operation of video gaming terminals, then an amendment to Chapter 47 of the City Code would be appropriate. On September 8, 2009, the City Council approved first reading of a proposed ordinance amending Chapter 47 which would make the use of video gaming terminals a misdemeanor. A copy of the ordinance is attached beginning on page 38. At that time, the Council elected to table second and final reading until the State clarified the legal and financial implications of such a prohibition. At the time of its passage, there was some uncertainty as to the rules and regulations regulating the Video Gaming Act and what capital improvement projects would or would not be funded for any community passing such a prohibition. While the picture is slightly clearer than in 2009, staff would recommend second reading and passage of the ordinance to insure that no establishment in town could offer such gaming opportunities. A map showing towns that have already passed a ban on video gaming terminals along with a list of potential video gambling locations under the Act is included for your information. RECOMMENDED ACTION: Grant final approval to the ordinance amending Chapter 47 of the City Code prohibiting video gaming terminals. NEW BUSINESS 8:40 p.m. A. Report to City Council on Response to Emerald Ash Borer in Lake Forest PRESENTED BY CHUCK MYERS, SUPERINTENDENT OF PARKS & FORESTRY PURPOSE: The report will update City Council on the plans underway to mitigate the anticipated losses associated with the Emerald Ash Borer (EAB) infestation throughout the City. A comprehensive EAB management plan is being developed that will outline the City’s objectives and the approaches that will be used to manage the current economic, social and environmental impacts on our urban forest resource. BACKGROUND/DISCUSSION: The Emerald Ash Borer is an exotic beetle that was first discovered in Michigan in 2002 and has since spread to include parts of fifteen U.S. states and two Canadian provinces. Since its arrival (probably having come in on solid wood packing material shipped from its native Asia) EAB has killed millions of ash trees along the way. While control and containment efforts may slow the spread of this invasive beetle, every ash tree is susceptible to infestation and mortality. This widespread mortality in urban forests and residential lawns is having devastating economic and environmental impacts. On March 26, 2009 the Illinois Department of Agriculture field staff viewed and confirmed EAB damage and positively identified EAB larva on street trees in Lake Forest (around June Terrace). Since that time the City’s Forestry section has confirmed that EAB has encompassed the whole city, making every ash tree within the City at risk. Symptoms of 9 April 16, 2012 Agenda EAB are slow to appear and by the time it is identified in a community it is estimated that it has already been present for 3-5 years. Unless a tree is chemically treated with EAB pesticides, infected ash trees typically succumb to the disease and ultimately death. It is estimated that EAB has been in Lake Forest for 6-10 years and it is likely on the verge of an explosion in this community. The City of Lake Forest’s publicly owned urban forest is comprised of over 30,000 street trees and hundreds of acres of trees on park and golf course, cemetery, and other city owned properties. Of these, approximately 20% of the street trees (6,000) are ash. These estimates are based on an older tree inventory and are likely conservative estimates. A complete street tree inventory is planned to begin in the summer of 2012. Beyond the 6,000 street tree ash population, it is estimated that other city properties may have three to five times this number. In addition, there is countless more ash located on private property throughout the City. Obviously, the magnitude of this situation will have major implications for the City and its 20,000 residents. A copy of tonight’s power point begins on page 47. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION ADJOURNMENT 9:30 p.m. Office of the City Manager April 13, 2012 The City of Lake Forest is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are required to contact City Manager Robert R. Kiely, Jr., at (847) 234-2600 promptly to allow the City to make reasonable accommodations for those persons. 10 RESOLUTION WHEREAS, GEORGE F. CARPENTER has been a dedicated employee of The City of Lake Forest since April 12, 1988; and WHEREAS, GEORGE F. CARPENTER will honorably retire from the City on April 18, 2012; and WHEREAS, GEORGE F. CARPENTER served as Maintenance Worker II for the Water & Sewer Sections during his dedicated career. He was instrumental in the maintenance of the water distribution system as well as the storm and sanitary sewer systems. George has spent countless hours excavating and repairing water main breaks at any hour of the day in all types of weather conditions. George was an integral part of City’s snow removal operations in the role of the main line truck driver. WHEREAS, GEORGE F. CARPENTER has taken great care in the design of the distribution systems’ interconnects with Lake Bluff and Highland Park to ensure emergency back-up supply of water to Lake Forest residents. George’s drafting skills were well utlitizied in the design layout of Water & Sewer shop as well as the layout of the cold storage facility. WHEREAS, GEORGE F. CARPENTER has served on several employee committees including the Safety Committee as well as a founding member of the employee Accident Review Board. George has continually been the “Go to Guy” for special projects, and has handled them thoroughly from start to finish. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby expresses its appreciation and gratitude to GEORGE F. CARPENTER for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to GEORGE F. CARPENTER this 16 day of April 2012. Mayor 11 PROCLAMATION WHEREAS, Arbor Day will be officially observed in the State of Illinois on Friday, April 27, 2012, by proclamation of the Governor and the planting of trees on Arbor Day is a traditional activity throughout the State and The City of Lake Forest, and WHEREAS, Lake Forest, with its environment of natural areas, is particularly dedicated to the observance of this day and has consistency throughout its history enacted ordinances to preserve its trees and other natural assets, and WHEREAS, citizen groups, garden clubs, and private and public institutions have actively supported preservation efforts and the renewal of natural areas through tree planting and landscape projects, and WHEREAS, the celebration of Arbor Day 2012 in Lake Forest will include the distribution of 2,000 Burr Oak seedlings to students in public and private elementary schools, and Arbor Day 2012 will be celebrated throughout the day in programs at schools and other locations; and at Ragdale (located at 1260 North Green Bay Road, Lake Forest), on Friday, April 27th at 9:00 a.m., where the City’s official Arbor Day trees, one Red Bud tree, will be planted, and WHEREAS, trees in our City, wherever they are planted, increase property values, enhance our business and residential areas, beautify our community, and are a source of joy to gladden the hearts and promote the environmental well-being of present and future generations, and WHEREAS, The City of Lake Forest has been recognized as Tree City USA for thirty- one consecutive years by the National Arbor Day Foundation, NOW, THEREFORE, I, James J. Cowhey, Jr., Mayor of The City of Lake Forest, do hereby proclaim Friday, April 27, 2012, as ARBOR DAY in The City of Lake Forest, and I urge all citizens to support efforts to protect our trees and woodlands, to support our City’s forestry program, to plant trees on this day, and to join in the celebration ceremonies. IN WITNESS HEREOF, I have hereunder set my hand and have had the Seal of The City of Lake Forest affixed this 16th day of April, 2012. ____________________ James J. Cowhey, Jr. Mayor 12 13 14 15 16 17 18 THE CITY OF LAKE FOREST ORDINANCE NO. _________ AN ORDINANCE APPROVING A FEE SCHEDULE FOR THE CITY OF LAKE FOREST WHEREAS, The City has established various fees and charges as part of its codes, ordinances, rules, regulations, and policies, which fees and charges are reviewed from time-to-time; and WHEREAS, the City Council has reviewed such fees and charges, and hereby determines that it is necessary to adjust certain existing fees and charges, and/or to establish formally other fees and charges; and WHEREAS, the City Council has determined that it is in the best interests of the City and its residents to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Approval of Fee Schedule. The City Council hereby approves the supplemental fee schedule set forth in Exhibit A (“Supplemental Fee Schedule”). To the extent any provision of any code, ordinance, regulation, rule, or 19 2 policy of the City is contrary to the Supplemental Fee Schedule, such provision is hereby deemed amended so that the Supplemental Fee Schedule shall control. Any fee or charge not otherwise listed on the Supplemental Fee Schedule shall remain unchanged and in full force and effect. SECTION THREE: Effective Date of Supplemental Fee Schedule. The fees and charges set forth on the Supplemental Fee Schedule shall take effect as of the date noted on the Supplemental Fee Schedule. SECTION FOUR: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this 16th day of April, 2012 AYES: NAYS: ABSENT: ABSTAIN: Approved this 16th day of April, 2012 _____________________________ Mayor ATTEST: _______________________________ City Clerk 20 3 Exhibit A Supplemental Schedule of Fees and Charges Effective with Water Bills Mailed On or After May 1, 2012 $4.99/1000 gallons Inside The City of Lake Forest $6.85/1000 gallons Outside The City of Lake Forest 21 22 1 THE CITY OF LAKE FOREST ORDINANCE NO. 12-____ AN ORDINANCE AMENDING THE LAKE FOREST CITY CODE, AS AMENDED, RELATING TO SURPLUS PROPERTY DISPOSAL WHEREAS, the City has established procedures for the disposal of City- owned property; and WHEREAS, the City Code does not specifically account for the disposal of property that has value but is no longer useful to the City; and WHEREAS, the City Council, pursuant to its authority under the Illinois Compiled Statutes and its home rule authority, has determined that is in the best interests of the City and its residents to amend the City Code regarding the disposal of property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: SECTION ONE: Recitals. The foregoing recitals are incorporated as the findings of the City Council and are hereby incorporated into and made a part of this Ordinance. SECTION TWO: Amendment to Section 2-92(17) of the City Code. Section 2-92(17), entitled “Powers and Duties,” of Article VI, entitled "City Manager," of Chapter 2, entitled "Administration," of the Lake Forest City Code is hereby amended, so that said Subsection shall hereafter be and read as follows: 23 2 Sec. 2-92. POWERS AND DUTIES--- The City Manager shall be the chief administrative officer of the City. He shall be responsible to the Mayor and City Council for the properly administration of all affairs, departments, and offices of the City. He shall have the power and be required to: * * * (17) Dispose of personal property which (i) is no longer serviceable or in repairable condition and is only suitable for disposal or (ii) is no longer useful to any department within the City. The City Manager is authorized to dispose of said material items from time to time as it they accumulates provided the estimated value of the material any such item does not exceed $4,000, by negotiating its sale or through publication of official notice of sale and acceptance of competitive bids. SECTION THREE: Effective Date. This Ordinance shall be in full force and effect upon its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this 16th day of April, 2012. AYES: NAYS: ABSENT: ABSTAIN: Approved this 16th day of April, 2012. _____________________________ Mayor ATTEST: _______________________________ City Clerk 24 RESOLUTION NO. _______ A RESOLUTION REALLOCATING 2012 VOLUME CAP TO THE VILLAGE OF BUFFALO GROVE, ILLINOIS WHEREAS, the City of Lake Forest, Lake County, Illinois (the “City”), is a municipality and a home rule unit of government duly organized and validly existing under Section 6(a) of Article VII of the 1970 Constitution and laws of the State of Illinois; and WHEREAS, certain tax exempt private activity bonds may be issued only if sufficient volume cap pursuant to Section 146 of the Internal Revenue Code of 1986, as amended (the “Code”), is available for the bonds; and WHEREAS, pursuant to the Code, the City has been allocated volume cap equal to $95.00 per resident of the City in calendar year 2012, or $1,840,625 for the issuance of such tax exempt private activity bonds; and WHEREAS, pursuant to Section 6 and Section 6.1 of the Illinois Private Activity Bond Allocation Act, 30 ILCS 345/1 et seq. (the “Bond Allocation Act), and the Guidelines and Procedures promulgated thereunder, the City may, prior to May 1, 2012, reallocate to other home rule units of government the volume cap allocated to the City by the Code for their issuance of such tax exempt private activity bonds or for subsequent transfer or reallocation; and WHEREAS, the City has not used any of its 2012 volume cap and has no present intention to use the same; and WHEREAS, the Lake County Partnership for Economic Development, Inc. has offered Lake County home rule communities the opportunity to participate in a program to combine their respective volume cap allocations and create a Private Activity Bond Clearinghouse Pool (the “Pool”) to facilitate the issuance of tax-exempt private activity bonds to finance, manufacturing and multi-family housing commercial projects in Lake County, Illinois, for economic development purposes (“Eligible Projects”); and WHEREAS, the Village of Buffalo Grove, a home rule unit of government (“Buffalo Grove”), pursuant to its Resolution No. 2001-51 adopted December 17, 2001, agreed to host the Pool and to reserve its own volume cap, and accept volume cap reallocated to Buffalo Grove by other home rule units of government, for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; and WHEREAS, Buffalo Grove has requested that the City reallocate all of its 2012 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TRUSTEES OF THE CITY OF LAKE FOREST, LAKE COUNTY, ILLINOIS, as follows: Section 1: Pursuant to Section 6 and Section 6.1 of the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, the City irrevocably agrees to, and does hereby, transfer and reallocate all of its 2012 volume cap to Buffalo Grove to be used for the issuance of tax-exempt private activity bonds placed through the Pool to finance Eligible Projects as directed by the Advisory Committee created pursuant to Buffalo Grove Resolution No. 2001-51. 25 Section 2: This Resolution shall constitute the agreement of the City to a different allocation under Section 146(e)(3) of the Code and the writing required under Section 6 of the Bond Allocation Act. Section 3: The City covenants and warrants that it has taken no action or issued bonds that would abrogate, diminish, or impair its ability to fulfill the written agreement, covenants, and undertakings on its part under this Resolution. Section 4: As required by the Bond Allocation Act and the Guidelines and Procedures promulgated thereunder, a certified copy of this Resolution shall be transmitted to the Office of the Governor of the State of Illinois. The City President, the City Clerk, and all other proper officers, officials, agents, and employees of the City are hereby authorized, empowered, and directed to take all necessary and advisable actions, and to execute all such documents and certificates, as may be necessary to further the purposes and intent of this Resolution. Section 5: The City shall maintain a written record of this Resolution in its records for so long as the bonds to which the volume cap transferred by this Resolution is reallocated remain outstanding. Section 6: This Resolution shall be in full force and effect from and after its passage and approval as required by law and is enacted by the City pursuant to its powers under the laws of the State of Illinois and the Illinois Constitution of 1970 and its home rule powers. PASSED this _____ day of __________________, 2012. AYES: NAYS: ABSENT: APPROVED this _____ day of _______________, 2012. ____________________________________ Mayor ATTEST: __________________________ City Clerk (Deputy) 26 RESOLUTION WHEREAS, LOUIS R. BISCHOFFER has been a dedicated employee of The City of Lake Forest since February 20, 1992; and WHEREAS, LOUIS R. BISCHOFFER will honorably retire from the City on April 18, 2012; and WHEREAS, LOUIS R. BISCHOFFER served in the following position during his dedicated career: Water Plant Operator February 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby expresses its appreciation and gratitude to LOUIS R. BISCHOFFER for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to LOUIS R. BISCHOFFER this 16th day of April, 2012. Mayor 27 RESOLUTION WHEREAS, JAMES B. BARKER has been a dedicated employee of The City of Lake Forest since May 22, 1989; and WHEREAS, JAMES B. BARKER will honorably retire from the City on April 18, 2012; and WHEREAS, JAMES B. BARKER served in the following position during his dedicated career: Water Plant Operator May 1992. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby expresses its appreciation and gratitude to JAMES B. BARKER for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to JAMES B. BARKER this 16th day of April, 2012. Mayor 28 RESOLUTION WHEREAS, MARK D. WIEGOLD has been a dedicated employee of The City of Lake Forest since May 8, 1988; and WHEREAS, MARK D. WIEGOLD will honorably retire from the City on April 13, 2012; and WHEREAS, MARK D. WIEGOLD served in the following positions during his dedicated career: Maintenance Worker September 1969 until March 1970 (resigned); and Water Plant Operator May 1988 (rehired). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LAKE FOREST that the Council, on behalf of the administration and residents of the community, hereby expresses its appreciation and gratitude to MARK D. WIEGOLD for a public service faithfully performed; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is instructed to deliver a copy of this resolution duly signed by the Mayor to MARK D. WIEGOLD this 16th day of April, 2012. Mayor 29 The City of Lake Forest CITY COUNCIL Proceedings of the April 2, 2012 Regular Meeting 7:30 p.m. – City Hall Council Chambers CALL TO ORDER AND ROLL CALL: Mayor Cowhey called the meeting to order at 7:30 p.m. Deputy City Clerk called the roll of Council members. Present: Aldermen Novit, Moore, Pandaleon, Morsch, Schoenheider, Palmer, Adelman. Absent: Waldeck, Quorum present. There were approximately 20+ present in the audience. Also present were: Vic Filippini, City Attorney; Marlo Del Percio, City Attorney; Catherine Czerniak, Director of Community Development; Ramesh Kanapareddy, City Engineer; Carina Walters, Assistant City Manager; Michael Thomas, Director of Public Works;, Dan Martin, Superintendent of Public Works; Deputy City Clerk; Cathryn Buerger. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited by all in attendance. Reports of City Officers 1. Comments by Mayor Mayor Cowhey asked CROYA Manager, Todd Nahigian to speak to Council regarding the issues and tragedies that are effecting our youth. Todd explained what is happening in the community to help parents and students cope with tragedies. A. Resolution of Appreciation for Scott Kaye for 26 Years of Service- Mayor Cowhey read the Resolution into the record. Alderman Palmer moved, seconded by Alderman Novit to approve the Resolution. Motion carried by voice vote. 2. Comments by City Manager- Northern Trust is now open at the West Side Train Station. A. Update on Recycling Program- Public Works Director, Michael Thomas briefed the Council on a grant The City of Lake Forest just received for $100,000.00 to be applied to the next phase of the recycling program. It should be noted that 35 entities applied from all over the state of Illinois and 7 were awarded. 3. Comments by Council Members- Alderman Adelman wanted to encourage all to come out to the full functioning golf course. OPPORTUNITY FOR CITIZENS TO ADDRESS THE CITY COUNCIL ON NON-AGENDA ITEMS No one stood before Council. ITEMS FOR OMNIBUS VOTE CONSIDERATION A. Check Register For Period February 25 - March 23, 2012 Fund Invoice Payroll Total General 393,131 1,018,329 1,411,460 Water & Sewer 106,835 112,842 219,676 Parks & Recreation 113,181 294,667 407,848 Capital Improvements 451,488 4,592 456,080 30 Proceedings of the April 2, 2012 Regular City Council Meeting Bond Funds - Projects 6,165 0 6,165 Motor Fuel Tax 79,547 0 79,547 Cemetery 1,843 15,484 17,328 Senior Resources 12,773 18,933 31,707 Deerpath Golf Course 43,623 13,471 57,094 Fleet 28,442 36,226 64,668 Debt Funds 0 0 0 Housing Trust 0 0 0 Park & Public Land 0 0 0 All other Funds 141,490 10,472 151,962 $1,378,517 $1,525,017 $ 2,903,534 B. Award of Lake Forest share of the joint 2012 Annual Street Resurfacing (ASR) Program contract Staff requested awarding Lake Forest share of the joint 2012 Annual Street Resurfacing Program contract to Peter Baker & Son. In 2010, City conducted the pavement structural analysis test, done every five (5) years, on the entire City street inventory of approximately 130 miles. The test culminated in developing a 5-yr annual pavement rehabilitation program identifying the streets to be resurfaced each year. The 5-yr ASR program was discussed at the November 21, 2011 Capital Improvements Plan budget meeting and at the March 19, 2012 City Annual budget meeting. City Staff have previously briefed the Council on Municipal Partnership Initiative (MPI), a program that takes advantage of economies of scale, for securing low bid prices, among neighboring municipalities who bid similar projects each year. This year, City joined forces with Highland Park, Lake Bluff and Lincolnshire to do a joint bid for the ASR program. In 2012, City plans to resurface approximately 6 center-lane miles of streets. The streets to be resurfaced are: Street From To Alexis Court Old Mill Rd Cul-de-sac Everett Road Old Elm Rd Ridge Rd Granby Road McKinley Rd Wisconsin Ave Green Bay Road Westleigh Rd Old Elm Rd Griffith Road Mills Ct Woodland Rd Lake Road Spruce Ave Cemetery Circle Mills Court McKinley Rd Cul-de-sac Noble Avenue McKinley Rd Edgewood Rd Old Elm Road Skokie Highway (Rt. 41) Grandview Ln Ridge Road Kennedy Rd (Rt. 60) Old Elm Rd Rose Terrace McKinley Rd Edgewood Rd Savanna Court Melody Rd Cul-de-sac Scott Street McKinley Rd Wisconsin Ave 31 Proceedings of the April 2, 2012 Regular City Council Meeting Westleigh Road Yorktowne Ln Ridge Rd The Lake Rd resurfacing, from Spruce to Cemetery, was scheduled to be paved last year but the residents in this block had expressed an interest to install curbs prior to City paving the street. One of the residents, Mr. Jim Ringler who volunteered, on behalf of this block, to initiate the process for installation of curbs plans to collect signatures from the other four homeowners that they are responsible for paying the costs associated with the installation of curbs. Mr. Ringler did contact all residents last fall to get their consent prior to City designing the work and including it in this year’s paving program. This spring City staff upgraded the storm sewer at the entrance of Cemetery to ensure positive drainage in this block. As part of paving program City will pave a portion of the Cemetery road where the storm sewer was installed. City will upfront the costs for the curb portion of the project and will be reimbursed by the residents in this block upon final billing of the project. In addition to the above streets, as part of 2012 ASR program, City will be paving Settler’s Square and Gloucester Crossing areas. This TIF funded portion of the project entails streetscape improvements in the Settlers Square area by installing a decorative sidewalk in the island along with sidewalk, curb & gutter replacements, and repaving the limits of construction. The improvements in Gloucester Crossing include granite crosswalks, sidewalk and curb & gutter replacements, and repaving the street. No streetscape improvements work will be done on the west end of Settler’s Square due to the upcoming construction of the pedestrian underpass tunnel beneath the railroad tracks by the Telegraph Rd Train Station. The west end of Settler’s Square streetscape improvements along with installation of granite crosswalks in the Settler’s Square area will be coordinated with the construction of the pedestrian underpass tunnel project. The streetscape and hardscape improvements were developed with input from local businesses and from Deerpath Garden Club. All document tasks related to Lake Forest portion of final engineering plans and joint bid contract documents were done by in-house Engineering Staff. Last year, Lake Forest was the lead agency and this year’s Highland Park is the lead agency on behalf of the four Lake County municipalities. The joint contract bid specifications provided details on all four communities respective bid quantities to assist the winning contractor in planning the joint ASR program. The project was bid in early March with the bids opened on March 22, 2012. A total of three (3) firms bid the joint project. The bid price consists of bid quantities that are to be completed by the four municipalities as part of their respective resurfacing program. The following is a summary of the bids received: BIDDER BID PRICE Peter Baker & Son $3,295,925.47 Curran Contracting $3,447,499.93 Johnson Paving $3,752,979.66 32 Proceedings of the April 2, 2012 Regular City Council Meeting The breakdown of the bid specific to Lake Forest bid items are summarized below: BIDDER LAKE FOREST SHARE Peter Baker & Son $1,763,794.12 Curran Contracting $1,885,592.50 Johnson Paving $2,078,787.31 Engineer’s Estimate $1,940,444.00 The low bidder for the combined bid, Peter Baker & Son, has considerable experience working in Lake Forest and has been performing projects in a satisfactory manner. As part of annual pavement inspection for potholes and in response to resident inquiries, City staff evaluates the condition of the streets to add a street or two to the Annual Street Resurfacing program provided the estimate is within the budgeted amount. One such street is Ahwahnee Ln between Deerpath and Ahwahnee Rd with noticeable surface deterioration thereby causing inconvenience to the motorists. The pavement analysis test conducted in 2010 on Ahwahnee Ln did rank the street in poor condition and is scheduled to be repaved in 2013. The Engineer’s estimate to repave Ahwahnee Ln is approximately $90,000.00. Based on Peter Baker & Son bid for the Lake Forest share of the 2012 ASR program, adding Ahwahnee Ln to the original contract would be still under the budgeted amount of $1,700,000. In order to maximize savings for the City and take advantage of competitive bidding prices, staff recommends adding Ahwahnee Ln to the Lake Forest share of the 2012 Annual Street Resurfacing program. The breakdown of Peter Baker & Son bid between the various funds is summarized below: FUND BAKER BID PRICE (INCL. 5% CONTIN) ENGINEER’S ESTIMATE Capital Fund $1,669,905.44 $1,683,112.50 Lake Rd Residents (Capital Fund) $29,175.30 $31,829.63 TIF $246,900.83 $315,501.85 Total $1,945,981.57 $2,030,444.00 All four municipalities are scheduled to award their respective contracts in the month of April and the Lake Forest share of the combined bid from Peter Baker & Son in the amount of $1,945,981.57 is lower than the Engineer’s Estimate and all four municipalities’ staff believe this joint bid to be fair. FY2013 Funding Source Amount Budgeted Amount Requested Budgeted? Y/N Capital Fund $1,700,000.00 $1,699,080.74 Y **TIF $475,000 $246,900.83 Y 33 Proceedings of the April 2, 2012 Regular City Council Meeting Total $2,145,000.00 $1,945,981.57 Y ** - The TIF budgeted amount also include landscape enhancements which are not part of this Annual Street Resurfacing program contract. RECOMMENDED ACTION: Staff recommended awarding the Lake Forest share of the joint 2012 Annual Street Resurfacing Program contract to Peter Baker & Son in the amount of $1,945,981.57 to include authorization to expend, if necessary, for unforeseen change orders that may occur during the administration of this project. C. Ordinance Revising the City Code Regarding Number of Liquor Licenses D. Approval of the March 19, 2012 City Council meeting minutes RECOMMENDED ACTION: Approve omnibus items as presented. Alderman Morsch moved, seconded by Alderman Palmer to approve the omnibus items as presented. The following voted “Yea” Alderman Novit, Moore, Pandaleon, Morsch, Schoenheider, Palmer, Adelman. The following voted “Nay” none. Motion carries. Conduct A Public Hearing To Consider A Proposed Plan Of Operation And Governance For The City's Residential And Small Commercial Retail Electricity Aggregation Program In order to fulfill all necessary requirements, the City had to conduct two public hearings. This was the second public hearing held. Alderman Palmer made the motion to open the public hearing, seconded by Alderman Schoenheider. Motion carried unanimously by voice vote. No one stood before Council during the public hearing. Alderman Palmer moved to close the public hearing, seconded by Alderman Schoenheider. Motion carried unanimously by voice vote. ORDINANCES A. Approval of an Ordinance Authorizing an Electricity Aggregation Program Pursuant to the Illinois Power Agency Act, Final Approval of an Ordinance approving the Plan of Governance, and Approval of a Resolution Approving a Power Supply Agreement and (Authorizing the City Manager to execute documentation) In order to implement an opt-out electric aggregation program, the City is required to hold two public hearings, adopt an ordinance approving a Plan of Governance (POGO), and approve an ordinance authorizing an aggregation program and a resolution approving a power supply agreement that also authorizes the City Manager to execute final documentation. A) Electric Aggregation Ordinance The Illinois Power Agency Act authorizes The City of Lake Forest to adopt an ordinance authorizing an electricity aggregation program based upon the passage of a referendum. An electrical aggregation program allows the City to aggregate electrical loads of residential and small commercial retail customers and to solicit bids and enter into service agreements to facilitate the sale and purchase of electricity and related services and equipment for those electrical loads. 34 Proceedings of the April 2, 2012 Regular City Council Meeting Pursuant to the Lake County general election results, on March 20 the voters of the City approved a referendum authorizing the operation of an “opt-out” program by 74%. B) Plan of Operation and Governance (POGO) The Plan of Operation and Governance (POGO) outlines the roles and responsibilities of the Consortium, the City, the aggregation consultant and the electrical aggregation implementation process. C) Resolution approving Power Supply Agreement (and authorizing the Manager to execute documentation) Pursuant to the Illinois Power Agency Act, this evening The City of Lake Forest will adopt the electric aggregation ordinance and a POGO in order to run an aggregation program. In being part of the North Shore Electricity Aggregation Consortium which was formed to facilitate the cooperation of its member municipalities toward obtaining the lowest electricity rates for their respective residents and small businesses. The Consortium sought bids for the award of contract for the provision of electricity through the aggregation process and has identified MC Squared Energy Services, LLC as the lowest bidder that submitted a proposal. The Consortium, City and MC Squared LLC, will monitor electricity rates on a daily basis to secure the best rate possible. By approving the resolution, this confirms the contract with MC Squared LLC, and authorizes the City Manager to secure the final electricity price and any documentation on behalf of the City. RECOMMENDED ACTION: If appropriate and should the City Council desire, A) Waive First Reading and Grant Final Approval of an Ordinance Authorizing an Electricity Aggregation Program Pursuant to the Illinois Power Agency Act; B) Approve Second Reading and Grant Final Approval of an Ordinance approving the Plan of Governance and C) Approve a Resolution Approving a Power Supply Agreement and Authorizing the City Manager to execute documentation the City Manager to execute documentation to secure a final electricity price for the City's Residential and Small Commercial Retail Electricity Aggregation Program. Alderman Moore moved, seconded by Alderman Palmer to waive First Reading and Grant Final Approval of an Ordinance Authorizing an Electricity Aggregation Program Pursuant to the Illinois Power Agency Act; B) Approve Second Reading and Grant Final Approval of an Ordinance approving the Plan of Governance in substantially the form and C) Approve a Resolution Approving a Power Supply Agreement and Authorizing the City Manager to execute documentation the City Manager to execute documentation to secure a final electricity price for the City's Residential and Small Commercial Retail Electricity Aggregation Program. The following voted “Yea” Alderman Novit, Moore, Pandaleon, Morsch, Schoenheider, Palmer, and Adelman. The following voted “Nay” none. Motion carries. 35 Proceedings of the April 2, 2012 Regular City Council Meeting B. Consideration of an Ordinance approving a Fee Schedule for The City of Lake Forest (FIRST Reading) As discussed at the March 19 Finance Committee Budget meeting, it is recommended to increase water rates for customers inside the City to $4.99/1000 gallons and $6.85/1000 gallons for water customers outside of the City. This recommendation is a 1.5% increase, which is based on the CPI. This will allow proper funding of the FY13 water fund budget. RECOMMENDED ACTION: Grant First Reading to the ordinance approving a fee schedule for The City of Lake Forest. Alderman Palmer moved, seconded by Alderman Morsch to approve first reading of an ordinance approving a fee schedule for The City of Lake Forest. Motion carried unanimously by voice vote. NEW BUSINESS A. Award of Bid for the Operation of the City’s Compost Facility Staff requested City Council’s approval for an agreement to manage the yard waste processing at the City’s Compost Center. The current three year agreement with P. Clifford Miller, Inc. will expire on April 30, 2012. Staff recently received bids to either process the approximate 10,000 compacted yards of yard waste on site or provide transfer trailers to the City to have its yard waste delivered and processed at a different licensed compost facility. At the March 19, 2012 City Council meeting, staff recommended awarding a bid to operate the City’s Compost Center to the low bidder. However it was noted that staff mistakenly did not highlight the fact that the low bidder was seven minutes late with his bid. Acknowledging the mistake, the City’s attorney clarified that City Council could either waive the bidding process and award the agreement directly to a particular company or direct staff to re-bid the services. With not having the required two-thirds vote to waive the bidding process, City Council decided to table the item until this evening’s meeting. Since that time, staff was able to obtain a video tape showing that the recommended low bid did in fact submit his bid to the City before the 10 a.m. deadline on March 8th. Therefore the issue of the low bidder possibly providing a “late bid” no longer exists. With the agreement at the end of its term, staff received the following bids on March 8, 2012: Company Operate / Transfer Bid Amount P. Clifford Miller Operate $115,200 Thelen Materials, LLC Transfer $147,200 D.K. Organics Did Not Meet Bid Specs. ----------- Staff recommended that the City continue its compost operation with P. Clifford Miller, Inc. If the City were to choose to transfer the material instead, Sanitation employees would need to load a transfer trailer on a daily basis. This would require at least ten hours per week for a nine month period. The personnel and equipment cost of approximately $25,000 annually would therefore need to be added to Thelen Materials LLC’s bid amount. D.K. Organics bid did not meet the specification because it required the City, with its own trucks and equipment, transfer all yard waste material to D.K.’s site in Lake Bluff. This would result in City Sanitation crews loading all loose material dropped off by the Parks & Forestry operations and resident drop-off, into City’s packer trucks to obtain D.K.’s compacted yardage rate. This did 36 Proceedings of the April 2, 2012 Regular City Council Meeting not meet the transfer specification whereby the bidder would supply empty transfer trailers and switch out each trailer when it was full. During F.Y. ’13, staff will further evaluate the feasibility of performing such services with in-house staff and purchasing the needed grinder. Therefore staff is recommending that City Council approve a one year agreement with the option to renew for a second and third year. Each additional year could have a possible negotiated increase equal to or less than the determined C.P.I. FY2013 Funding Source Account Number Account Budget Amount Requested Budgeted? Y/N General 101-5245-432-35-10 $115,200 $115,200 Y RECOMMENDED ACTION: Based on the lowest responsible bidder, staff recommended that P. Clifford Miller, Inc. be awarded the agreement to operate the City’s Compost Facility for the monthly flat rate of $9,600 (this equates to $115,200 annually). Staff further recommends that an option be approved to renew the contract for an additional second and third year. Each additional year could have a possible negotiated increase equal to or less than the determined C.P.I. Alderman Morsch moved, seconded by Alderman Novit to award Clifford Miller, Inc. the agreement to operate the City’s Compost Facility for the monthly flat rate of $9,600. The following voted “Yea” Alderman Novit, Moore, Pandaleon, Morsch, Schoenheider, Palmer, Adelman. The following voted “Nay” none. Motion carries. ADDITIONAL ITEMS FOR COUNCIL DISCUSSION None ADJOURNMENT There being no further business, Alderman Novit moved, seconded by Alderman Schoenheider to adjourn the meeting at 7:55 p.m. The motion carried unanimously by voice vote. Cathryn H. Buerger Deputy City Clerk 37 THE CITY OF LAKE FOREST ORDINANCE NO. 2012- AN ORDINANCE AMENDING CHAPTER 47 OF THE LAKE FOREST CITY CODE REGARDING MISDEMEANORS WHEREAS, gambling within the boundaries of The City of Lake Forest (the "City") is a misdemeanor; and WHEREAS, the Video Gaming Act, 230 ILCS 40/1, et seq. (the "Video Gaming Act") allows the use of video gaming terminals in certain establishments throughout the State; and WHEREAS, Section 5 of the Video Gaming Act defines video gaming terminals as "any electronic video game machine that, upon insertion of cash, is available to play or simulate the play of a video game, including but not limited to video poker, line up, and blackjack, as authorized by the Board utilizing a video display and microprocessors in which the player may receive free games or credits that can be redeemed for cash. The term does not include a machine that directly dispenses coins, cash, or tokens or is for amusement purposes only;" and WHEREAS, Section 27 of the Video Gaming Act provides that a municipality may pass an ordinance prohibiting video gaming within the corporate limits of the municipality; and WHEREAS, the Mayor and City Council have determined that the best interests of the City and its residents will be served by amending the City's Code to expressly prohibit video gaming terminals as defined in the Video Gaming Act, and make the operation, exhibition, or use thereof a misdemeanor; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF LAKE FOREST, COUNTY OF LAKE, STATE OF ILLINOIS, as follows: 38 SECTION ONE: Recitals. The foregoing recitals are by this reference incorporated into and made a part of this Ordinance as if fully set forth. SECTION TWO: Amendment of Section 47-7.9 of the City Code. Subsection 47- 7.9(a) of Section 47-7.9, entitled "Definitions," of Article VII, entitled "Offenses Affecting Public Health, Safety and Decency," of Chapter 47, entitled "Misdemeanors," of the City Code of The City of Lake Forest is hereby amended in its entirety so that said Subsection 47-7.9(a) of Section 47-7.9 shall hereafter be and read as follows: (a) A "gambling device" is any clock, tape machine, slot machine or other machines or device for the reception of money or other thing of value on chance or skill or upon the action or which money or other thing of value is staked, hazarded, bet, won or lost, including but not limited to. Any video gaming terminal. as defined in the Video Gaming Act. 230 II$C 40/5; or any mechanism, furniture, fixture, equipment or other device designed primarily for use in a gambling place. A "gambling device" does not include: (1) A coin-in-the-slot operated mechanical device played for amusement which rewards the player with the right to replay such mechanical device, which device is so constructed or devised as to make such result of the operation thereof depend in part upon the skill of the player and which returns to the player thereof no money, property or right to receive money or property. (2) Vending machines by which full and adequate return is made for the money invested and in which there is no element of chance or hazard. SECTION THREE: Effective Date This Ordinance shall be in full force and effect following its passage, approval, and publication in pamphlet form in the manner provided by law. Passed this__ day of , 2012. AYES: NAYS: ABSENT: ABSTAIN: Approved this_ day of , 2012. 39 (MAYOR) ATTEST: City Clerk (Deputy) 40 LakeForest Highland Park Evanston Deerfield Northbrook Antioch Waukegan Des Plaines Skokie Palatine Schaumburg ArlingtonHeights MountProspect BuffaloGrove Glenview HoffmanEstates Mundelein NorthChicago Niles Gurnee Zion Round Lake Beach Libertyville VernonHills Wilmette LakeBluff Wheeling RollingMeadows Lindenhurst Winnetka Wauconda Barrington BeachPark GagesLake FoxLake Glencoe WinthropHarbor LakeZurich HawthornWoods Grayslake Mettawa Lincolnshire §¨¦90 §¨¦94 §¨¦290 §¨¦294 §¨¦94 §¨¦94 §¨¦94 §¨¦94 £¤53 Ordinance Information: Illinois Gaming BoardData Source: GIS ConsortiumAuthor: DRSDate: 4/5/2012 µ Legend VideoGamblingBan Passed Ban Considering Ban Not Supporting Ban No Decision Video Gambling BanBy Community 41 LIST OF POTENTIAL VIDEO GAMBLING LOCATIONS 1 LAKE FOREST FOOD & WINE SPECIALTIES 672 Western Avenue Lake Forest, IL 60045 2 THE LANTERN, INC. 768 North Western Avenue Lake Forest, IL 60045 3 ONWENTSIA CLUB 300 Green Bay Road Lake Forest, IL 60045 4 KNOLLWOOD CLUB 1890 Waukegan Road Lake Forest, IL 60045 5 LAKE FOREST CLUB 554 Westmoreland Road Lake Forest, IL 60045 6 CONWAY FARMS GOLF CLUB 425 S. Conway Farms Drive Lake Forest, IL 60045 7 DEER PATH INN 255 East Illinois Road Lake Forest, I L 60045 8 LOVELL'S OF LAKE FOREST Jumbalaya Ltd. 915 S. Waukegan Road Lake Forest, I L 60045 9 SOUTH GATE GROUP, INC. 655 Forest Avenue Lake Forest, IL 60045 10 GRILLE ON LAUREL 181 E. Laurel Avenue Lake Forest, IL 60045 11 FRANCESCA'S 293 East Illinois Road Lake Forest, IL 60045 12 SUSHI & KUSH! TOYO 825 S. Waukegan Road Lake Forest, IL 60045 13 Zipangu Hiro 840 Waukegan Road, Suite 113 Lake Forest, IL 60045 14 AMERICAN LEGION POST NO. 264 801 McKinley Road Lake Forest, IL 60045 15 CHIEF'S LLC 500 N. Western Ave Lake Forest, IL 60045 42 43 44 45 46 The City of Lake Forest 2012 Emerald Ash Borer Plan 47 EAB History •Native to China •Arrived accidentally in cargo in Detroit 2002 •First identified in Illinois in 2006 •First identified in Lake Forest in 2009 •Now widespread throughout the City 48 49 “Emerald ash borer is the most destructive forest insect introduced into North America in recent history.” “Our present ability to detect, contain, eradicate, or manage EAB infestations is limited. The eventual loss of the vast majority of ash trees in North America should be anticipated.” USDA Forest Service, Northeastern Area State and Private Forestry Statements 50 Top Five Trees in Lake Forest * Estimates based on 1997 Tree Inventory 51 EAB in Lake Forest •20% of parkway trees are Ash •Estimated infestation 3-5 years prior •Exponential increase in infestation rate •Removed over 125 infested trees •Selective chemical treatment •Expect to experience huge loss in next 5-8 years (10,000+) 52 EAB Biology •Adults emerge in May-June •Adults are active for one month – limited foliage feeding; then mate, lay eggs •Eggs hatch in 1-2 weeks •Tiny larvae bore through the bark and into the cambium - feed for several weeks •Larvae spend winter inside the tree 53 54 Tree Infestation in Lake Forest Forest Park Conway Park 55 EAB Impacts on Lake Forest Loss of canopy results in economic and environmental impacts such as: •Increase in storm water runoff •Visual/aesthetic •Decline in property value •Hazardous dead standing trees •Expenses associated with removal/replanting 56 Dutch Elm Disease Emerald Ash Borer Year Identified - US 1928 2002 Type Disease (Fungus) Non-native Insect Spread By Insect/Root Graft Flight/Firewood Rate Moderate Exponential growth Safety Gradual Accelerated Notification Yes Yes 30-Day Removal Yes Yes Penalty/Lien Yes Yes 57 DED EAB Total Tagging Efforts ~15,000 in 20 years ~100 since identified Future Tagging Estimates 500-700 per year 10,000+ in next 5 years Tagging per Ordinance 2012 Tag & remove City trees infested with EAB Tag private trees infested with EAB that pose an immediate threat to public safety 2013 Tag & remove City trees infested with EAB Tag ALL private trees infested with EAB 58 EAB Management Strategies •Tree Removal •Insecticide Treatment •Combination of Removal/Treatment 59 Tree Removal •Will not stop EAB spread •Trees do not show symptoms for 2-4 years •Initial cost high/replacements needed •Huge loss in overall tree canopy •Proactive removal helps to spread out costs 60 Insecticide Treatment •Can be very successful •Preventive or early curative application •Advantageous management option for private homeowners •Treatment of all City ash trees is cost prohibitive •Treatment will be needed for many years – indefinitely 61 Combination Removal/Treatment •Current Lake Forest strategy •Treat high quality/high profile trees •Remove stressed or less desirable trees •Reduces risk to public safety •Impacts mitigated over several years 62 EAB Management Plan •Tree Inventory (City parkways) •5-Year Treatment/Removal/Replacement Plan (Fall 2012) •Continue to educate residents –Chemical treatment options –Removal & replacement 63 EAB Management Plan •Remove all Ash less than 12" (4,549) •Remove 50% (522) of 12"-18" trees/treat remaining 50% (522) •Remove 25% (71) of 18"-24" trees/treat remaining 75% (212) •Treat all Ash over 24" (138) 64 EAB Management Plan Size Qty. Annual Treatment Cost Removal Cost Replacement Cost Total <12" 4549 N/A $375,750 $1,819,500 $2,195,250 12"-18" 522/522 $22,200 $131,348 $208,750 $362,298 18"-24" 212/71 $12,876 $25,394 $28,400 $66,670 24"-30" 88 $6,938 N/A N/A $6,938 >30" 50 $5,415 N/A N/A $5,415 Total: 6013 $47,429 $532,492 $2,056,650 $2,636,571 * All costs based current contractual price structure 65 EAB Management Plan - Summary Total Per Year Removals $532,492 $106,498 Replacements $2,056,650 $411,330 Treatment $237,145 $47,429 Total $2,826,287 $565,257 Multiplied by 3-5 times for other City Properties Removals: $2 - $3 million Replacements: $6 - $10 million Resident Impact - ?? 66 Community Outreach •Continue to provide information through local media sources –City Website –Dialogue –Recreation Brochure –Lake Forester, Gazebo News, Patch –Direct mailings •Informational workshops –Ward Meetings, Homeowner Associations, Garden Clubs 67 Future Plans 2012 •Continue to develop EAB Management Plan •Begin citywide tree inventory project •Monitor Ash population •Perform removals as needed •Continue treatments 2013 •Complete citywide tree inventory •Develop comprehensive urban forest management plan 68 Questions? “A society grows great when old men plant trees whose shade they know they shall never sit in.” - Greek Proverb 69